A man from Ontario got out of a criminal conviction due to his acid reflux. The man was charged with driving under the influence in relation to an incident on August 20, 2010 in Mono.
The man was stopped as part of a RIDE program at the time. Police accused the man of having more alcohol in his system than the legal limit permitted. The man admitted that he had three glasses of wine during the course of three hours at a wedding. However, the man suffers from gastroesophageal reflux disease. He said that his acid reflux was made worse by consuming a large meal at the wedding, which subsequently pushed stomach acid into his mouth. While he said that he consumed his final glass of wine a short time before he left the wedding, he argued that he would have had unabsorbed alcohol in his stomach. He subsequently argued that he failed the reading on his breath tests due to these factors.
Two experts gave testimony regarding their opinion of the acid reflux defence to the Ontario Court of Justice. The judge in the case said that the man's defense raised a reasonable doubt, so he dismissed the drunk driving charge.
Toronto criminal defence lawyers may help individuals who are charged with driving under the influence or being in the possession of illegal drugs or prescription medication. Being convicted of a drunk driving charge can lead to long-term consequences that have a tremendous impact on a person's life and liberty. For example, a person may be subjected to a license suspension, felony conviction, gross misdemeanour conviction or the installation of an ignition interlock device. Other possible penalties include having large fines imposed, a license revocation and ramifications regarding a person's professional license. A Toronto criminal defence lawyer may be able to work out a negotiation with the prosecutor to work toward a license reinstatement and protecting your future.
Source: National Post, "Ontario man uses acid-reflux defence to beat drunk driving charge", July 04, 2013